11 AAC 93.930 - Procedure for the transfer and change of appropriations
(a) A person with a
permit to appropriate or certificate of appropriation who intends to change the
location of the point of water withdrawal, diversion, or impoundment, depth of
taking, nature of use, point of retum flow, or place of use, or add points of
withdrawal, diversion, or impoundment, shall apply in writing for permission to
make the change and include the applicable fee prescribed in 11 AAC 05.260.
(b) In determining whether a
proposed change will be approved, the department will consider the effect of
the proposed change on the water rights of other persons and the public
interest. The department will provide for notice to water right holders of
record who may be adversely affected, and to the Department of Fish and Game
and the Department of Environmental Conservation, and post a notice on the
Alaska Online Public Notice System as required under
AS
44.62.175. However, the department will not
provide notice for a request to change use of less than 5,000 gpd unless the
department determines that providing notice is in the public interest or
required by law. The department will accept written comments, and may hold a
hearing, as provided in
11 AAC 93.080 -
11 AAC 93.110.
(c) If the department determines that the
proposed change will not adversely affect the water rights of other persons or
the public interest, and that the proposed change does not constitute a
significant change in beneficial use and is unlikely to adversely affect
existing water uses, fish and wildlife habitat, or water quality, the
department will amend and issue the permit to appropriate or certificate of
appropriation to include the change.
(d) If the department determines that the
proposed change will not adversely affect the water rights of other persons or
the public interest, but determines that the proposed change will constitute a
significant change in beneficial use, a new use, or that the proposed change
may adversely affect existing water uses, fish and wildlife habitat or water
quality, the department may issue a change permit for a period of time that
corresponds with the category of use and maximum period of time for issuance of
a permit to appropriate under
11 AAC 93.120(b).
(e) A change permit will not be issued, and a
permit to appropriate or certificate of appropriation will not be amended, if
it is proven to the satisfaction of the department that the change will
adversely affect the water rights of permit holders and certificate holders of
record, or if the department finds that the proposed change may adversely
affect or impair the public interest or that the appropriation proposed to be
changed has been abandoned or forfeited.
(f) The department may grant a proposed
change, or issue a change permit allowing the proposed use change, in whole or
part, subject to conditions that the department considers necessary in order to
avoid injury to the water rights of other persons or to the public
interest.
(g) If a change permittee
demonstrates that the change has been put into effect during the period of time
prescribed in
11 AAC 93.120(h),
the department will issue an amended certificate to reflect that the water
right has changed subject to the terms and conditions imposed by the
department.
(h) The department will
record any amended certificate in the appropriate recorder's office.
Notes
Authority:AS 46.15.020
AS 46.15.160
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